Kuwait Court of Cassation principle number 717

Arbitration is an exceptional avenue of litigation confined to what its parties intend. Consequence thereof. A litigant’s resort to the judiciary in a matter agreed to be arbitrated. A violation of the rules of functional jurisdiction. - Agreement by the two parties to the dispute that arbitration proceedings conducted pursuant to an arbitration submission agreement between them shall be subject to the rules and provisions of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council and to the Civil and Commercial Procedure Law in respect of matters for which no special provision appears in that submission agreement. Effect thereof. This special law—Law 4 of 2002 concerning the State of Kuwait’s Approval of the Establishment of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council—is the applicable law and restricts the general law except in matters for which it contains no provision. - The means of challenging arbitrators pursuant to Article 17 of the Regulations of the Commercial Arbitration Centre for the States of the Gulf Cooperation Council. Recourse to the Centre’s Secretary-General. The female appellant’s filing her action seeking the disqualification of the arbitrators before the court. Recourse to a body lacking jurisdiction to hear the dispute. The judgment’s adherence thereto. No defect. - 494 - Procedure